In extension of time applications under s.23A of the Limitation of Actions Act 1958 (Vic), the loss of a contribution claim against a co-defendant due to a limitation defence is a relevant form of prejudice but does not necessarily preclude the grant of an extension. The overriding question remains whether it is just and reasonable to extend time, and the concept of denial of a fair trial adds nothing beyond what is embraced under the heading of prejudice. A cause of action for breach of a contractual obligation to effect insurance accrues at the time of breach, not when damage is ascertained.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.